Solar Power – Generation Program Cancellation
Application
2171802 Alberta Ltd., operating as Bull Pound Solar Partners (“BPSP”), requested that the AUC rescind the community generating unit designation for the 15-megawatt (“MW”) Bull Pound Community Solar Project (the “Power Plant”) located in the Dorothy area.
Decision
The AUC approved the application and rescinded the Power Plant’s designation as a community generating unit.
Pertinent Issues
Pursuant to the Small Scale Generation Regulation (“SSGR”), the owner of a community generating unit must notify the AUC of any changes that may lead to the generating unit no longer qualifying as a community generating unit. This includes changes to the owner’s community benefits agreement (“CBA”). BPSP notified the AUC of the termination of the CBA with the Municipal District of Acadia #34 (the “Municipality”).
BPSP stated that the CBA required that the Power Plant secure a power purchase agreement under the Government of Alberta’s “Community Generation Program.” The power purchase agreement component of the Community Generation Program was discontinued, requiring BPSP and the Municipality to either terminate or renegotiate the CBA. BPSP and the Municipality mutually agreed to terminate the CBA.
BSPS submitted that the CBA had been terminated without replacement. As BPSP no longer qualified for a community generating unit designation, the AUC rescinded the Power Plant’s community generating unit designation.
